Georgia 60 Day Notice to Vacate | Lease Termination Form

A Georgia 60 Day Notice To Vacate is a letter that complies with state legal requirements for a tenant to terminate a month-to-month lease. The tenant must receive notice at least sixty (60) calendar days before the specified date of termination.

When To Use a Georgia 60 Day Notice To Vacate

A Georgia 60 Day Notice To Vacate is typically sent by a landlord to a tenant (since tenants have lower notice requirements), and ends the following types of tenancy:

Month-to-month tenancy
Expired lease
Rental situation with no written lease where the tenant pays rent monthly

Some types of Georgia lease termination notice may allow different reasons for termination, or different notice periods. This may also apply to an eviction notice issued because of a lease or legal violation.

How To Write a Georgia 60 Day Notice To Vacate

To help ensure the legal compliance of a Notice To Vacate:

Use the full name of the receiving parties, and address of record, if known
Specify the termination date of the lease or tenancy
Fill in the full address of the rental premises
Provide updated/current address and phone number information
Print name and sign the notice
Complete the certificate of service by indicating the date and method of notice delivery, along with printed name and signature

It is easy to lose an otherwise justified legal action because of improper notice. Check carefully to ensure enough time after notice is delivered, not when it’s sent.

How To Serve a Georgia 60 Day Notice To Vacate

Georgia law is not specific on requirements for delivering a Notice To Vacate, so landlords and tenants may use any method which actually conveys the necessary information to the other party. The following methods, which come from service of summons in eviction cases, represent the legal gold standard in the state:

Hand delivery to the other party
Hand delivery to a person of suitable age residing on the property who can accept the notice on behalf of the other party
If all forms of hand delivery fail: Posting the notice to a conspicuous place on the property such as the entry door, PLUS mailing the notice on the same day by first class mail to the other party’s last known address, with a certificate of mailing

note

In almost all cases, notice is legally served when it is received by the other party, NOT when it’s sent. Check specified date of termination carefully to ensure compliance with the legal requirements for a notice period.

Sources

1 GA Code § 44-7-7: Sixty days’ notice from the landlord or 30 days’ notice from the tenant is necessary to terminate a tenancy.
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2 Ga. Code § 44-7-51(a): A copy of the summons and a copy of the affidavit shall be personally served upon the defendant. If the sheriff is unable to serve the defendant personally, service may be had by delivering the summons and the affidavit to any person who is sui juris residing on the premises or, if after reasonable effort no such person is found residing on the premises, by posting a copy of the summons and the affidavit on the door of the premises and, on the same day of such posting, by enclosing, directing, stamping, and mailing by first-class mail a copy of the summons and the affidavit to the defendant at his last known address, if any.
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